Billa Rakesh vs State Of Chhattisgarh

Ramesh Sinha, CJ

This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.64/2022 registered at Police Station - Beejapur, District- Beejapur (C.G.) for the offences punishable under Sections 409, 420 & 34 of the IPC.

The prosecution case, in brief, is that on 10.06.2022 at about 11:40 AM, the complainant Ashok Kumar Patel, aged about 46 years, serving as Divisional Forest Officer (DFO), submitted a written complaint before Police Station Beejapur against the present applicant (purchaser) and the godown in-charge, Rajendra Dewangaon, alleging misappropriation and loss of government property. It is alleged that under Tender No. 2516 dated 18.03.2019, the applicant was appointed as a purchaser/agent for collection, storage, and disposal of Tendu leaves for Season 2019 from Lot No. 08 of a primary minor forest produce society, and the collected produce was stored in Godown No. 01 of the C.G. Warehousing Corporation. During verification and counting conducted on 05.03.2021, at the time of handing over the stock to a subsequent purchaser (M/s Vipul Sales Corporation), it was found that out of approximately 4068 bags (approx. 3185.470 standard bags), about 1852 bags (approx. 2267.382 standard bags) were missing, resulting in a loss of Rs. 1,47,53,855/- to the State exchequer. The prosecution alleges that the applicant failed to deposit certain installment amounts as per tender conditions, leading to termination of the agreement and re-allotment of the tender, and that the applicant, in connivance with the godown in-charge who was responsible for the safe custody of the stock under a double-lock system caused misappropriation of the Tendu leaves. On the basis of these allegations, a written complaint was lodged and a criminal case was registered against the present applicant and co-accused.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. It is further submitted that in the instant case on the basis of false and baseless allegations made by the complainant, Ashok Kumar Patel (DFO), and has no connection whatsoever with the alleged offence, as his role was limited to that of a purchaser of Tendu leaves from various societies for collection, packaging, and shifting to the designated godown during the contractual period from 18.03.2019 to 31.03.2020, and as per the terms and conditions of the tender agreement, the godown in-charge was solely responsible for the custody and safety of the stored material; therefore, the applicant cannot be held liable for any alleged loss or shortage thereafter. It is further submitted that the last consignment was shifted on 03.06.2019, whereas the counting was conducted much later on 05.03.2021 in the absence of the applicant and co-accused, and the complaint was lodged on 10.06.2022 for an alleged shortage pertaining to a period much earlier, which renders the allegations doubtful and unreliable. It is also submitted that no offence is made out against the applicant, and he has neither directly nor indirectly participated in any alleged act of misappropriation, and the dispute, therefore, he prays for grant of bail to the applicant.

On the other hand, learned State counsel opposed the anticipatory bail application of the applicant.

I have heard learned counsel for the parties and perused the case diary.

Considering the facts and circumstances of the case, the submissions advanced by learned counsel for the parties, the nature of the dispute and the material available on record, and in view of the fact that the similarly situated co-accused namely Ashok Kumar Patel has already been granted bail by this Court in MCRC No. 6500 of 2025 vide order dated 17.09.2025, this Court finds that the present applicant is entitled to the benefit of parity. Therefore, without making any further comment on the merits of the case, this Court deems it appropriate to grant anticipatory bail to the applicant.

Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Billa Rakesh, on executing a personal bond and one local surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions: -

(a) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade  him  from  disclosing  such  fact  to  the Court.

(b) he shall not act in any manner which will be prejudicial to fair and expeditious trial.

(c) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

(d) the applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court.

(e) he shall not involve himself in any offence of similar nature in future.